If you were recently arrested for and charged with driving under the influence (DUI), you may want to contact a drunk driving lawyer Red Bank NJ residents trust. The associated penalties for a DUI can be serious. Fighting your charges requires familiarity with all of the potential defenses that can be used, as well as a lawyer’s guidance through those defenses. With the right representation using the best possible defense, you may be a step closer to dropped or reduced charges, or even an acquittal if your case goes to trial.
At Rispoli & Borneo, we are well acquainted with the needs of people who are facing DUI charges. Such charges can change your life, especially if you receive a conviction at trial. Working with a drunk driving lawyer in Red Bank NJ from Rispoli & Borneo, where we have over 20 years of combined experience in criminal defense cases, can be an enormous weight off of you and a major step toward reversing your situation.
Defenses Your Drunk Driving Lawyer Red Bank NJ Families Recommend May Use
The defenses a skilled and experienced drunk driving lawyer Red Bank NJ clients go to uses depend mainly on what the prosecution will attempt to prove. In your DUI case, you can expect that the prosecutors seek to prove that you:
(1) Were driving a vehicle; and
(2) Were doing so “under the influence” ( i.e., with an illegal amount of alcohol or drugs in your body).
Because the prosecution must prove both of these elements in order to convict you, an attorney’s defense will generally be crafted in order to disprove one of the two. Our attorneys are familiar with the ways prosecutors attempt to prove guilt and will typically use the following kinds of defenses in DUI cases:
Depending upon the state in which you live, it may be that you cannot actually be convicted of DUI if you were not driving a vehicle. That said, in many states, proof that you were in the midst of the act of driving is not necessary for a DUI conviction. Showing that you were in physical control of a vehicle while intoxicated, even while it was parked, can be enough in that situation. However, even in this case, if you were not the only individual in the vehicle, it could be possible to form a defense arguing that someone other than you was in control of the vehicle.
Arrest Procedure-Related Defenses
A situation wherein the police used improper arrest procedures is one that can certainly strengthen your defense. Our attorneys often are able to build a strong defense based on the argument that, because the police failed to follow the law during your arrest, there is some evidence that should be thrown out. Some of the common arguments in this vein could include a lack of probable cause for stopping you or an officer’s failure to read you your Miranda rights.
Can I Get My DUI Charges Dismissed?
If you have been charged with a DUI, you may have many questions about what you can expect with your case. To ensure you get the best possible information, you should call a DUI lawyer. An experienced lawyer from [law firm] can listen to the circumstances of your case to help you understand your legal options.
Is it Possible to Get DUI Charges Dismissed?
Naturally you might consider the possibility of having your case dismissed. If this is something you are interested in, you should have a good DUI lawyer on your side. There are various ways in which it may be possible to have a DUI charge dismissed. Usually this will need to involve at least one of the following:
In most states, police cannot legally stop a vehicle without a valid reason. In court, they must be able to show that they witnessed behavior that was considered to be a violation of traffic laws, other laws, or some type of illegal act.
It should be noted that officers are well apt to providing some sort of “reasonable” suspicion to support a stop. They might also claim they received an anonymous report or tip off of a drunk driver.
If you believe you were unlawfully stopped, you should speak with a DUI lawyer as soon as possible.
Errors During Field Sobriety Testing
If police suspect you are driving while intoxicated, you will likely be asked to take a field sobriety test. Some tests, such as counting backwards or touching your finger to the tip of your nose, is not accepted by medical science or the NHTSA.
The walk and turn test or horizontal nystagmus test are valid field sobriety tests; however, they must be performed and administered correctly. Even then, it is suggested that tests like these are only 65% accurate. Furthermore, these are not suited to people who are overweight, have certain injuries or medical conditions, or are over 65 years of age. As a DUI lawyer might explain to you, uneven roadways, weather conditions, or language indifferences could also impact the tests.
Inaccurate Readings of a Breathalyzer
To be charged with a DUI, you should have a BAC reading of 0.8 or higher. It is possible for the breathalyzer machine to read accurately, or for the procedure to be performed wrong. Errors that could be made during the breath test may include:
- Inaccurate reading because of a medical condition (i.e. acid reflux)
- The administrator of the test was poorly trained
- The machine was not properly calibrated
- The machine malfunctioned
If blood tests were taken, it is possible that they were not administered correctly or rules were not followed regarding the testing, analysis, and preservation of the sample. Individuals who have an injury or medical condition might also give inaccurate BAC readings.
Apart from the above possible errors, and defenses, in many states (i.e. Washington) police are required to monitor the suspect for a period of time before administering a breath test. Actions, such as vomiting, during this time could affect the reading. If this observation period applies, and was not strictly observed, the results may not be accepted.
Contact a Drunk Driving Lawyer Red Bank NJ Can Depend on Today
DUI charges can be challenging to fight, but with a capable Red Bank drunk driving lawyer in your corner, you can be one step closer to clearing yourself of them and getting your life back. The lawyers of Rispoli & Borneo are passionate about helping clients seek justice for themselves in DUI cases, and are ready to help you, too. For a free initial consultation with a drunk driving lawyer Red Bank NJ locals recommend from Rispoli & Borneo ready to serve you, call today at (908) 353-0800 or Contact Rispoli & Borneo, P.C. today.